Bill Frist

Mr. FRIST

Mr. FRIST. Mr. President, if there is no further business to come before the Senate, I ask unanimous consent that the Senate stand in adjournment under the previous order.

Mr. FRIST

Mr. FRIST. Mr. President, earlier this year, I made a commitment, with the Democratic leader, to make lobbying and ethics reform a top priority this year and not just another political talking point. By passing lobbying reform today, the Senate, in a way that demonstrates us working together in a bipartisan way, will fulfill that commitment. I am pleased the Senate has led the way. We were the first to develop ideas through a bipartisan working group, the first to introduce a comprehensive lobbying reform package to two committees, the first to have those committee hearings and markups, the first to debate those issues on the floor of a body, and today we will pass the first lobbying reform bill in Congress in over a decade. The goals of this legislation are simple, they are straightforward. It is about trust. It is about transparency. It is about accountability. Trust is the foundation of our democratic government. We are a government of the people, by the people, and for the people. The American people have entrusted us with their votes, have entrusted us with their hard-earned tax dollars, and they expect us to uphold the highest standards of honesty, of integrity. With public opinion of Congress at an alltime low, we have to do a better job of regaining that trust and that confidence. We must bring more transparency and accountability into our Government. We must conduct our Nation's business focusing on the public interest and not special interests. By passing this bill to reform our lobbying and ethics rules, we will do just that. Among its many provisions, the bill will enhance public disclosure of lobbyist activities and campaign contributions, ban gifts and meals from registered lobbyists to Senators and staff, require enhanced scrutiny and Ethics Committee preapproval for privately funded travel, slow the revolving door between Government and lobbying, and reform our earmark process to cut pork-barrel spending. I also thank the managers--Senator Lott, Senator Collins, Senator Lieberman, and Senator Dodd--for their tremendous work both in their respective committees and, indeed, on the floor. I thank Senator Santorum, who very early on, on the Republican side, stepped forward and with his leadership began a lobbying reform working group upon which much of this work has been based. Many of the provisions in this bill are, in large part, a result of the meetings he had. I also thank all of my colleagues, again, as expressed by the Democratic leader, on both sides of the aisle--and especially the Democratic leader--for their cooperation in moving this legislation forward in a way and in a manner which I believe really dignifies this body working together. A lot of people say we have moved way too fast. An equal number say we have moved too slow. Right now, there are many people coming forward saying: No, we need to change these provisions. Adding to what the Democratic leader said, this is not a perfect bill, but this bill is a major step forward. It is a product of working together, Democrats and Republicans. In closing, most everyone agrees that we have taken the issue of lobbying and ethics reform seriously. Indeed, we have. We have produced a strong and meaningful result that will have implications for years to come. Mr. President, I yield the floor.

Mr. FRIST. I ask for the yeas and nays.

Mr. FRIST. Mr. President, I ask unanimous consent that the order for the quorum call be dispensed with.

Mr. FRIST

Mr. FRIST. Mr. President, I wish everyone a good morning as we start a very busy day in the Senate. Yesterday, I think we defined a good glidepath to finishing the lobbying reform bill, after which we will return to the immigration issues. Today, following our period of morning business, we will return to the consideration of the lobbying reform bill. Yesterday, we invoked cloture by a vote of 81 to 16, and therefore I believe we will be able to finish that bill at an early hour today. The order from last night provides that all amendments must be offered no later than 11 a.m. this morning. The bill managers will be here and will be able to call up amendments if Members are unable to get to the floor by 11 o'clock. Therefore, at 11 o'clock this morning, we will be able to determine how many remaining amendments will require votes before we go to passage of the lobbying reform bill. We already have a time agreement with Senator Feingold on his amendment relating to gifts, and we will vote on that issue prior to noon today. Once we complete the lobbying reform bill, we will proceed to the border control bill under the order entered yesterday. We will begin that bill for a period of debate first before we get into the amendment process. Many Senators have indicated that there is a desire to have opening statements before we begin to consider other immigration issues. Therefore, we have provided for that period for debate, and I encourage Members to take advantage of this opportunity today, this afternoon, or this evening. Having said that, we will be voting today on a number of lobbying amendments as well as passage of the lobbying reform bill. I also encourage Senators to keep their schedules open for the remainder of the week as we get into the border control bill and related issues. We are providing ample time for the consideration of this bill, and we need to take advantage of each day between now and the recess for this bill. It was now over 3 months ago that we said we would spend these 2 weeks on the issues of border control, of interior enforcement, and issues such as the temporary worker issues. We will be doing that over these 2 weeks. I believe we can complete that over the course of these 2 weeks. I do encourage our colleagues to get involved early, both in the debate and taking advantage of the time we are providing beginning today, tonight, and every day and every night between now and the next recess. Mr. President, I suggest the absence of a quorum.

Mr. FRIST

Mr. FRIST. Mr. President, pursuant to the order of March 28, I ask that the Senate now begin consideration of S. 2454. I further ask unanimous consent that the time until 8 p.m. be equally divided between the two leaders or their designees. I further ask unanimous consent that when the Senate resumes consideration of the bill tomorrow, the time until 12 noon be equally divided in the same form for debate only, and that at noon the chairman be recognized in order to offer an amendment; provided further that there then be debate only until 5:30, with the time divided in a similar fashion.

Mr. FRIST. Mr. President, to clarify, we are now on what will be passionately discussed over the next several days, a very important piece of legislation that addresses the range of border security issues surrounding enforcement, interior enforcement, temporary worker programs--a debate which I know and expect will be civil and held with dignity, but what is a very difficult debate. I will make a brief opening statement and then turn to the chairman and ranking member, but also I would like to make a statement shortly after they do. Mr. President, this debate, when you boil it down to its essence, is about the American dream and the home that this country offers for so many hard-working people--a difficult debate, an important debate. But it is also an issue about what it means to be a nation, and every nation must keep its citizens safe and its borders secure. That is why we are starting with the Securing America's Borders Act, a bill I introduced prior to the March recess. This bill acknowledges the overriding principle that we must protect our citizens by securing our borders. A nation that cannot secure its borders cannot secure its destiny or administer its laws. The situation along our southern border now ranks as a serious national security challenge, second only to the war on terror. Every day we discover new facts that show how delay and inaction is making America less safe and less secure. In January, officials discovered a massive tunnel stretching nearly a half mile from Tijuana to San Diego. We don't know how many more snuck in. We do know that mixed in with the families seeking a better life are drug dealers, human traffickers, terrorists, and common criminals who cross our border into this country every day. But the danger is not only to America. It is danger to those who try to cross our borders as well. Unofficial data collected along the Arizona border shows that nearly 225 people died last year crossing that border. About 10 percent perished under circumstances that suggest foul play. We all know the terrible stories of criminals who prey on vulnerable migrants, who charge outrageous prices to smuggle them across the border and then often abandon them at the moment trouble strikes. It is wrong. It is time for us to act. And over the next week and a half on this floor we will act. The bill that I introduced includes a number of commonsense consensus measures that improve security along our physical border, crack down on human smugglers, simplify the process of deporting wrongdoers, and make it easier for employers to confirm their employees' legal status. First and foremost, we need better enforcement and we need more manpower on the ground. Last year, the Senate led the charge to provide funding for 1,000 additional officers, more equipment, and more detention beds. That was a start but only a start. My proposal adds nearly 15,000 more officers over the next few years in a sustained and focused effort to buttress the nearly 20,000 already deployed to work on border issues. It also requires new investments in unmanned aerial vehicles, cameras, and sensors, and a comprehensive national border security strategy. It establishes a long-term project of building a virtual barrier to cover every mile of our 1,951-mile border with Mexico. This will both make America safer, and it will reduce the number of people endangering themselves trying to come into our country. In addition to physically strengthening our border, the bill makes it easier for the Department of Homeland Security to catch people who violate our immigration laws. It enhances the collection of biometric data about who enters the country. And it allows the department to set up additional border checkpoints. Moreover, the border security bill creates tough, new penalties for human smugglers and document forgers. Under this bill, terrorists, dangerous gang members, and others with serious criminal connections face expedited removal from the United States. But this bill doesn't just draw on the common sense of the American people for its provisions. It also looked to the 9/11 Commission Report for guidance. This Commission recommended that we consolidate border screening systems. The border security bill does just that. It encourages the use of biometric data to keep track of who is coming and going. Again, the border security bill does just that. It identified the need of State and local officials to work with Federal agencies to identify terrorist suspects. The border security bill does just that. Securing the border and enforcing our laws are crucial first steps to making America safer. But much more remains to be done. And we will address these other issues over the next week and a half. There are over 11 million people in this country llegally. Congress simply cannot turn a blind eye to this growing number. We need to act. Our Nation is founded on the rule of law by generations upon generations of immigrants. We should not have to choose between these founding principles. Instead, we need to honor both traditions. In my view, neither the House bill nor the bill reported by the Judiciary Committee yet quite strikes that appropriate balance, and both need to be improved. I believe the House bill is incomplete because it fails to provide a comprehensive solution to our immigration situation, one that allows for necessary and helpful legal immigration and that welcomes those who play by the rules. We should reward those who respect the rule of law, who made it here the right way, and who are trying to make it here the right way. I believe the committee bill by contrast goes too far in granting illegal immigrants with what most Americans will see as amnesty. I disagree with this approach not just as a matter of principle but because granting amnesty now will only encourage future and further disrespect for the law. It will undermine our efforts to secure our homeland. There are better ways to address this issue. Senator Kyl and Senator Cornyn have a proposal. Senator Specter had a chairman's mark and a proposed compromise, and all of these approaches created a temporary worker program without a grant of amnesty. We need to find a legal way for employers to find the people they need to keep their businesses running and continue to grow the economy. Creating legal paths of immigration is a way to do this. In the end, it is my hope we will have a bill which has both strong enforcement mechanisms with additional border and interior security and real employer accountability that addresses the humanitarian and economic challenges we now face without amnesty. America has always been the place where one can come to live out a dream of improvement and renewal. But while we welcome those who refresh and restore our American spirit, we have always done so within a framework of the law. The full Senate should have a chance to discuss, to deliberate, to debate, and to decide how we balance that rule of law with the situation as we find it. We are here to solve problems and not to stand by as problems get worse. Those problems are getting worse. We need to work together so that all 100 Senators have the opportunity to work within our rules to solve this problem. The committee bill, while not perfect, makes real and significant progress in many areas. I believe it can be improved upon. It has formalized a new consensus in the Senate, one that did not exist a year ago, on aggressive provisions to protect our borders, including new detection technologies, significant new increases in Border Patrol agents, tough provisions on alien smuggling and, for the first time, a real employer verification enforcement title. As is the right of the chairman, the Judiciary Committee product will be offered as an amendment to the Border Patrol security bill that has been introduced. Moreover, I expect a whole series of amendments which will attempt to tighten the amnesty and temporary worker provisions in the judicial bill. I intend to support those amendments. I recognize we have important principled differences that will be expressed in the Senate with conviction and with passion over the next several days. I expect the debate to be contentious. I also expect it will be civil and it will be respectful. I invite all who have ideas to work with us. Together we can bring our best to bear on the problem of illegal immigration so America is safer and is more secure. As I said when I introduced my bill, I want this coming debate to reflect our commitment to the rule of law and to our proud immigrant inheritance. We are a nation of immigrants. We have all benefited from America's uniquely inclusive ethos. But America is also a nation of laws. Our laws bind us and protect us. They transform us from seekers into citizens. They are the very foundation of our democracy. I am glad many agree on the need to ensure our debate is in the best keeping of the Senate's tradition. We ought to be honest about the problems we face, face them directly, and be honest about the outcomes we seek, within a framework of conversation that does credit to the Senate and to the Nation. We will conduct this debate with respect and seriousness. I look forward to a thorough discussion over the coming days. I yield the floor.

Mr. FRIST

Mr. FRIST. Mr. President, we are going to address two issues, and those are the issue surrounding the lobbying bill, which is on the floor now, and we will march through that issue--the Democratic leader and I will explain to our colleagues what has just been done--and then also we expect to address the issue surrounding immigration and the cloture vote that is scheduled this afternoon.

Mr. FRIST. Mr. President, we are beyond 12:30 p.m. Thus, I ask unanimous consent to delay the recess until we complete, in a few minutes, two items of business we will be addressing.

Mr. FRIST

Mr. FRIST. I move to lay that motion on the table. The motion to lay on the table was agreed to.

Mr. FRIST. Mr. President, we have made progress today on a very important bill, a bill that we brought to the floor now several weeks ago. It is an important bill that reflects upon this institution in terms of respect, in terms of integrity, and a bill on which we have made huge progress. Yet it is a bill about which it has come time, I think, really, now, to establish a glidepath to continue debate, allow germane amendments but recognize we want to keep those amendments on the bill itself. I had hoped we would have been able to reach an agreement to sequence a large number of amendments, but the amendments keep coming. And after talking to both sides of the aisle, I understand that we are not going to be able to get time agreements on those amendments. Therefore, my only option at this juncture is to bring this bill to a close with a cloture unanimous consent request. Therefore, I ask unanimous consent that the motion to proceed to the motion to reconsider the failed cloture vote be agreed to, the motion to reconsider be agreed to, and the Senate now proceed to a vote on invoking cloture on the underlying bill.

Mr. FRIST. Mr. President, I understand there was no objection.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. FRIST

Mr. FRIST. Mr. President, let me add to what the distinguished Senator from New York just said. First of all, I thank him, through the Chair, for his cooperation on an issue which is constantly evolving, but it looks as if it is well underway to satisfy everybody's concerns. But the understanding is we will come back and address the issues in his amendment at some point in some way on the floor if that glidepath to satisfactory conclusion is not reached. Amendment No. 3176 to Amendment No. 2944

Mr. FRIST. Mr. President, I ask unanimous consent that there now be 2 hours equally divided between Senator Collins and Senator Voinovich or his designee. I further ask unanimous consent that there be 20 minutes equally for debate between Senator Wyden and Senator Sessions or his designee. I further ask unanimous consent that following the use or yielding back of time the Senate proceed to a vote on the Collins amendment, to be followed immediately by a vote on the Wyden amendment, with no further intervening action or debate.

Mr. FRIST. Mr. President, what we have done is cleared a way, with one amendment and calling up other amendments, with the glidepath that we will address two amendments shortly after our break for our policy lunches today. We, I think, can be on a glidepath thus of completing the lobbying reform bill before addressing the border security and immigration bills. Again, we have a lot of work to do, but that would be the intent. There is one remaining piece of business we need to address, in terms of the cloture vote that is scheduled for this afternoon, and I will, before lunch, have a further unanimous consent about that as well. At this juncture, I suggest the absence of a quorum.

Mr. FRIST. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. FRIST. Mr. President, I ask unanimous consent that the cloture vote with respect to S. 2454 be vitiated. I further ask unanimous consent that at a time to be determined after further concurrence by the Democratic leader, the Senate proceed to S. 2454 and, further, that the bill be open for debate only during the first day of consideration.

Mr. FRIST. Mr. President, very briefly to review, after our break today for lunch, our policy lunches, we will be on lobbying reform. We have two amendments which will be debated. We set up to 2 hours. I would think that time could be condensed. Further discussions will take place over our lunches on lobbying reform. At a point in time, we would expect after we finish with lobbying reform, we will go to the border security bill, and we will have more to say about how that will all be handled at a later date. I yield the floor.

Mr. FRIST

Mr. FRIST. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. FRIST

Mr. FRIST. Mr. President, if there is no further business to come before the Senate, I ask unanimous consent that the Senate stand in adjournment under the previous order.

Mr. FRIST

Mr. FRIST. Mr. President, I would like to open today with respects paid to Erma Byrd, the wife of our dear friend and colleague, Senator Robert Byrd. As the Chaplain mentioned in his prayer, Mrs. Byrd passed away recently--in fact, on Saturday night. Erma Ora James Byrd was the devoted wife of Senator Byrd for nearly 69 years. Born in Virginia in 1917, Erma and her family moved to West Virginia when she was a child. It was there that she met her future husband at the Mark Twain Grade School in Raleigh County. The couple married when they were 19 years old. The daughter of coal miners, Erma never forgot her humble beginnings. As a young couple, the Byrds enjoyed a simple existence. They could often be found at community square dances where Senator Byrd would be playing his fiddle and Erma would be dancing. From those local dances, to running a grocery business, to raising a family, Erma and Senator Byrd were partners in everything they did. When Senator Byrd decided to come to the House of Representatives in 1952 and then later entered law school, Erma took the lead in handling the house and bringing up their daughters. Throughout her life, Mrs. Byrd focused on her family. The Byrds were the proud parents to two daughters, Mona and Marjorie. And they were blessed with six grandchildren and six great grandchildren. Mrs. Byrd's love of children extended far beyond her family. In West Virginia, Erma Byrd was known far and wide for her advocacy for children and for helping young people get ahead. Dedicated, determined, loving, and loyal--these were the words many used to describe Erma Byrd. And they are the qualities that our colleague cherished dearly in his wife. On their 65th wedding anniversary, Senator Byrd said: Erma and I are complete and whole, a total that is more than the sum of its parts. In my life, Erma Ora Byrd is the diamond. She is a priceless treasure, a multifaceted woman of great insight and wisdom, of quiet humor and common sense. I wish that more people could know the joy I have had in finding one's soul mate early in life and then sharing that deep companionship over many happy years. Senator Byrd, our thoughts and our prayers are with you and your family. We mourn your loss, and we celebrate the life of the wonderful woman who stood by your side.

Mr. FRIST

Mr. FRIST. Mr. President, today, we will resume consideration of the lobbying reform measure. As I mentioned before the break, it is my expectation the Senate will consider the lobbying reform bill and the border control legislation during the next 2 weeks. This should allow sufficient time to work through these bills, and I hope we can focus our efforts and work together across the aisle on both of these bills. These bills are nonpartisan, and we should be able to address them in a bipartisan way working together. On the lobbying reform bill today, first, I hope the Senator from New York will withdraw his unrelated amendment. That would then allow the two managers to find a way to begin to schedule some of the lobbying- related amendments for debate and votes. In addition, we have Senator Wyden's amendment currently pending, and we are working to set a time certain for a vote on that amendment. On the border control bill, we have a cloture vote scheduled for tomorrow on the motion to proceed to that bill. I will be talking to the Democratic leader later today on the precise timing of that vote, as we await the work of the Judiciary Committee under Chairman Specter that is meeting today. With respect to today, I wish to remind my colleagues that we are working to set up a vote this afternoon, either on an amendment or a nomination. We are expecting that vote to begin at approximately 5:15. We will likely have to drag that vote a little bit for a few minutes because we are starting that vote 15 minutes earlier than most of our colleagues had anticipated.

Mr. FRIST

Mr. FRIST. Mr. President, while the managers of the lobbying reform bill sort through some of the amendments and because we have some Members who want to speak on other subjects today, I now ask unanimous consent that there be a period of morning business until 3 p.m., with Senators to speak for up to 10 minutes each.

Mr. FRIST

Mr. FRIST. Mr. President, this week, if there are no obstructionist tactics, the Senate will begin debate on protecting our country and fixing a broken immigration system. Since last fall, when I announced the Senate would take up this issue, the Judiciary Committee has spent over 5 weeks, and, as of today, they are in their sixth markup on it. I thank Chairman Specter for his leadership throughout this process, during these six markups over the last 5 weeks. The Judiciary Committee members and their staff have worked long and hard under his guidance. As we speak, his committee is in session trying to finish the task set out for them. I, as leader, appreciate that and appreciate their efforts and the tremendous work they have done thus far. America needs secure borders. Right now, we do not have them. Every day, thousands of people violate our frontiers. We do not know who they are and quite often we cannot stop them. As a nation of immigrants which honors the rule of law, we must secure our borders to make America safe, so we can fix our country's immigration system. We are a nation of immigrants. We all came from somewhere else, and we have all benefited from America's uniquely inclusive ethos. But America is also a nation of laws. Our laws bind and protect us. They transform us from seekers into citizens and are the very foundation of our democracy. A nation that cannot secure its borders cannot secure its destiny or administer its laws. The situation along our southern border now ranks as a national security challenge second only to the war on terror. Before we left for last week's recess, I introduced the Securing America's Borders Act, or SABA, so that the Senate would be able to take up border security and interior law enforcement and allow the Senate to focus on comprehensive illegal immigration reform. It includes a number of commonsense, consensus measures that improve security along our physical border, crack down on human smugglers, simplify the process of deporting wrongdoers, and make it easier for employers to confirm their employees' legal status. And many of its provisions are built from ideas in the 9/11 Commission report. Why should we act and why should we act now? Well, every day we delay we discover new facts that show us waiting makes America less safe and less secure. To take just one example, in January, officials discovered a massive tunnel stretching nearly a half a mile from Tijuana to San Diego. We do not know how many, or who, snuck in through this tunnel. We do not know what materials came into our country, or when, through this tunnel. When people break our laws and come through our borders, we do know that mixed in with families looking for a better life are drug dealers, human traffickers, terrorists, and common criminals who cross into our country. Increasing our border security reduces that threat to our country and to our citizens. The danger is not only to America; there is danger to those who try to cross our borders as well. Unofficial data collected along the Arizona border--the only area for which we have information--show that nearly 225 people died along the border in 2005 alone. About 10 percent perished under circumstances that suggest foul play. And we all know the terrible stories of those who prey on vulnerable migrants, who charge outrageous prices to smuggle them across the border and then, often, abandon them the moment trouble strikes. That is wrong. We must act. And we will do so over the next 2 weeks. We need better enforcement and more manpower on the ground. Last year, the Senate led the charge to provide funding to hire 1,000 additional officers, more equipment, and more detention beds. This was a start but only a start. My proposal adds nearly 15,000 more officers over the next few years in a sustained and focused effort to buttress the 20,000 already deployed to work on border issues. It also requires new investments in unmanned aerial vehicles, cameras, and sensors, and a comprehensive national border security strategy. It establishes the long-term project of building a virtual barrier to cover every mile of the 1,951-mile long border with Mexico. This will both make America safer and reduce the number of people endangering themselves trying to come into this country. In addition to physically strengthening the border, the bill makes it easier for the Department of Homeland Security to catch people who violate our immigration laws. It enhances the collection of biometric data about who enters the country and allows the Homeland Security Department to set up additional border checkpoints. The law creates tough, new penalties for human smugglers and document forgers. And under this bill, terrorists, dangerous gang members, and others with serious criminal connections face expedited removal from the United States. But my bill doesn't just draw on the common sense of the American people for its provisions; it also looks to the 9/11 Commission report for guidance. Many of the bill's provisions reflect the guidance of that commission. For example, the commission recommended that we consolidate border screening systems. SABA does that. It encouraged the use of biometric data to keep track of who was coming and going. SABA does that. It identified the need of State and local officials to work with Federal agencies to identify terrorist suspects. SABA does that as well. Securing the border and enforcing our laws are crucial first steps to making America safer. But much more remains to be done. There are over 11 million people in this country illegally today. Congress cannot turn a blind eye to this growing number. We need to act. As many know, I oppose amnesty. With our economy at full employment, many who break our laws come to this country to do the work others won't do so as to make a better life for themselves and their families. I honor that. America has always been the place where one can come to live out a dream of improvement and renewal. But while we welcome those who refresh and restore our American spirit, we have always done so within a framework of law. The full Senate should have the chance to discuss and to debate and to decide how we balance that rule of law with the situation as we find it today. I am here to solve problems, not stand around. All Members come here to act and not to fill space. We need to work together so that all 100 Senators have the opportunity to work within our rules to solve this problem. I do hope the minority will not put procedural roadblocks in the way of the Senate resolving these issues, so we can put some of our country's best minds to work here on the floor now, this week. I invite all who have ideas to come and work with us. Together, rather than apart, we can bring the best to bear to solve this problem of illegal immigration so that America is safer, so that America is more secure. As I said when I introduced the bill we call SABA, I want this coming debate to reflect our history in America as a nation committed to the rule of law and our immigrant inheritance. I am glad many agree on the need to ensure our debate is in the best keeping of the Senate's traditions. We ought to be honest about the problems we face and the outcomes we seek, within a framework of conversation that does credit to the Senate and the Nation. This debate, and our effort, is about the American dream and the hope this country holds for so many hard-working people. But it is also an issue about what it means to be a nation. And every nation must keep its citizens safe and keep its borders secure. We should not have to choose between respect for our history and respect for our laws. With hard work and responsible debate, we can have both. I hope we can conduct this debate with civility and seriousness. I look forward to a thorough and full discussion over the coming days. Mr. President, I suggest the absence of a quorum.